12-3207. Same; title to and property in growing trees and shrubs in abutting owners; damage actions; injunctions.
12-3207
12-3207. Same; title to and property in growing trees and shrubs in
abutting owners; damage actions; injunctions.
The owners of property abutting upon streets, avenues and boulevards in
cities shall have such title to and property in growing trees, shrubbery
and the parking situated in front of such real estate between the curb line
and the property line as to enable the owners, in case of injury to or
destruction of such trees, shrubbery and parking, to recover from the
person, company or corporation causing said injury or destruction the full
damages which the abutting property in front of which they are situated may
sustain by reason thereof, and such abutting property owner shall also have
the right of action in any court of competent jurisdiction to enjoin injury
to or destruction of such trees, shrubbery and parking, except that no
recovery or injunction shall be had against the city in the making of
public improvements or in any other reasonable exercise of its authority
over such streets, alleys, avenues or boulevards or over the trees and
shrubbery located thereon.
History: L. 1961, ch. 72, § 7; April 12.